Can you get paid for a work injury, ask a lawyer to enter

First of all, I am not a lawyer.

Since you are injured on the job, the employer is obliged to bear the relevant expenses during your ** period. During the period of suspension of work and salary, the original salary and benefits remain unchanged and are paid by the unit on a monthly basis. Moreover, the employer cannot terminate the employment contract with you.

Article 29 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations.

And if you are injured at work and are unable to perform your original job or lose your ability to work, the employer will also be fully responsible for you.

You can get paid, but you can't get overtime pay.

You can get 80% of your basic salary.

Nothing else.

Legal analysis: If a lawyer is entrusted to handle matters such as work-related injury determination and labor ability assessment, the lawyer's fee shall be paid by the client. If it involves dissatisfaction with the appraisal, litigation with the people's court or suing the employer for compensation, the lawyer's fees shall be borne by the losing party, unless the winning party voluntarily bears it.

Legal basis: Article 9 of the Measures for the Administration of Lawyers' Fees.

Fees for lawyer services that are subject to market regulation are to be determined through consultation between the law firm and the client.

The following main factors shall be considered when a law firm negotiates a lawyer's service fee with a client:

1) Arguments for working hours expended;

2) the degree of difficulty of the legal matter;

3) the client's ability to bear it;

4) the risks and responsibilities that lawyers may bear;

5) Lawyers' social credibility and work level, and so forth.

Measures for Litigation Fees in the People's Courts

Article 29.

The litigation costs shall be borne by the losing party, except where the winning party voluntarily bears them. Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by the parties on the basis of the circumstances of the case. Where the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

Persons injured at work may apply for legal aid, and where the legal aid personnel need to handle legal aid cases, such as travel expenses, printing fees, transportation and communication disturbance inspection fees, and investigation and evidence collection fees, and other necessary expenses for handling the case, and the aid recipient is included in the litigation claim, the court may make a judgment based on the specific circumstances that the losing party who is not the aid recipient shall bear the burden. If not, the client shall bear the lawyer's fees.

Article 11 of the Measures for the Administration of Lawyers' Service Fees prohibits lawyers from taking risks in work-related injury compensation cases. This provision considers that the injured employee belongs to a vulnerable group, and if such a fee is adopted, the high lawyer's fee after winning the lawsuit in the later stage will increase the burden of the injured employee.

The determination of work-related injuries may or may not be made by a lawyer, and the decision of the employee or the employer shall be made by the employee or the employer. To apply for work-related injury identification, the employer shall compensate the employee after the work-related injury identification results are available, including the application form for work-related injury determination, the proof of labor relationship with the employer, the diagnosis certificate issued by the hospital, and the work-related injury appraisal results.

1. Do I need to find a lawyer for work-related injury determination?

You can self-report the injured worker and get the corresponding compensation. Whether it is necessary to indemnify the matter. It depends on your own ability.

You can do it yourself, go directly to the labor department to fill in the application form for work-related injury determination, and submit relevant evidence; Of course, you can**. If it is not necessary to hire a lawyer for the determination of work-related injury, it is sufficient to prepare the materials for the application.

The following materials shall be submitted to submit an application for determination of work-related injury:

1) Application form for determination of work-related injury;

2) Proof of the existence of an employment relationship (including a de facto employment relationship) with the employer;

3) Medical diagnosis certificate or occupational disease diagnosis certificate (or occupational disease diagnosis and appraisal certificate).

The application form for determination of work-related injury shall include basic information such as the time, place, and cause of the accident, as well as the degree of injury of the employee.

Where the materials provided by the applicant for work-related injury determination are incomplete, the social insurance administrative department shall inform the applicant of all the materials that need to be supplemented and corrected in writing at one time. After the applicant requests to supplement and correct the materials in accordance with the written notice, the social insurance administrative department shall accept it.

2. How to compensate for voluntary resignation after work-related injury identification?

First, regardless of whether a work-related injury occurs, there is no economic compensation for the voluntary resignation of ordinary employees, except for those who are forced to resign. If the company fails to help the employee pay social insurance, or fails to pay wages in full and on time, or fails to provide working conditions or labor protection, the employee may be forced to resign on this basis and request the company to pay the severance of the forced resignation.

Second, if a resignation due to a work-related injury is not payable by the employer, the work-related injury insurance benefits cannot be deprived because of the employee's years of service. In the case of work-related injury and disability, you can apply for a one-time disability subsidy, a one-time disability employment subsidy, and a one-time medical subsidy for work-related injuries, among which the former subsidy can be claimed and paid during the existence of the labor relationship, and the latter two compensation shall be paid after the termination or dissolution of the labor contract.

If a dispute arises over work-related injury benefits, it can be resolved through negotiation, applying for mediation, arbitration or filing a civil lawsuit. It should be pointed out that a civil lawsuit must be arbitrated before it can be filed, otherwise the court will not accept it.

If you are familiar with the procedures, you can handle it yourself, but entrusting a lawyer can better protect your legitimate rights and interests. Regardless of whether it is a work-related injury or not, there is no severance after the employee voluntarily resigns, and if the employee is forced to resign, then the company needs to pay the employee severance payment. If an employee voluntarily resigns due to a work-related injury and is unable to continue working, he or she can apply for work-related injury compensation, one-time disability allowance, one-time disability employment allowance and one-time work-related injury medical subsidy after resignation.

Legal analysis: The compensation standard for work-related injuries is determined in accordance with the Draft Regulations on Work-related Injury Insurance and the relevant provisions of the implementation measures for the implementation of the Regulations on Work-related Injury Insurance issued by various cities, and will not be higher than the compensation standard just because a lawyer is hired. However, hiring a lawyer can avoid unnecessary losses for the injured employee, and whether to hire a lawyer is decided by the injured employee in light of his or her own circumstances.

Legal basis: Regulations on Work-related Injury Insurance

Article 1 These Regulations are formulated in order to ensure that employees who are injured by accidents or suffer from occupational diseases as a result of their work receive medical treatment and economic compensation, to promote the prevention of work-related injuries and occupational diseases, and to disperse the risk of work-related injuries of employers.

Article 2 Enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms, and other organizations within the territory of the People's Republic of China, as well as individual industrial and commercial households with employees (hereinafter referred to as "employers") shall, in accordance with the provisions of these Regulations, participate in work-related injury insurance and pay work-related injury insurance premiums for all employees or employees of their units (hereinafter referred to as "employees"). Employees of enterprises, public institutions, social organizations, private non-enterprise units, associations, law firms, accounting firms and other organizations within the territory of the People's Republic of China, as well as employees of individual industrial and commercial households, shall have the right to enjoy work-related injury insurance benefits in accordance with the provisions of these Regulations.

1. Who bears the lawyer's fees for work-related injuries?

1. The lawyer's fee for work-related injury is generally borne by the losing party.

2. Legal basis: Measures for Payment of Litigation Costs

Article 29: Litigation costs are to be borne by the losing party, except where the winning party voluntarily bears them.

Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by each party on the basis of the specific circumstances of the case.

Where the parties to the joint litigation lose the lawsuit, the people's court shall decide the amount of litigation costs to be borne by the parties on the basis of their interest in the subject matter of the litigation.

2. What is the lawyer's fee for legal disputes in the determination of work-related injuries?

1. Investigation and evidence collection.

Entrusted to engage in the transfer of files related to the handling of work-related accidents, such as work-related injury identification, labor ability appraisal, motor vehicle registration, and industrial and commercial registration of companies and enterprises, the charging standard is 1000-5000 yuan per item.

2. Legal advice.

The cost of legal consultation on work-related injuries is 300-500 yuan per time.

3. **Legal documents.

1) ** Work-related injury compensation agreement: 1500-3000 yuan;

2) ** Workers' Compensation Complaint charges 1500-3000 yuan.

4. Work-related injury litigation.

**Work-related injury lawsuit: 8%-12% of the litigation amount, but the minimum fee is not less than 6,000 yuan per case.

5. Labor arbitration for work-related injuries.

**Labor arbitration: 3,000 yuan per piece not involving property.

**Labor arbitration: 8%-12% of the arbitration amount shall be charged for property involved, but the minimum fee for each case shall not be less than 6,000 yuan.

6. Work-related injury mediation.

According to the final work-related injury mediation agreement, 8%-12% of the compensation amount will be charged, but the minimum fee for each piece shall not be less than 6,000 yuan.

If a work-related injury person needs to file a lawsuit, but does not know how much the lawyer's fee is, how to bear the lawyer's fee, etc., he can first find a lawyer to consult and understand the problem he encounters. If you have any other questions, you can click the button below to consult and consult a professional lawyer.

Legal Analysis: There is no performance pay during a work injury. During the work-related injury, there is only the basic salary, and the performance salary is composed of the combination of the employee's personal performance and organizational performance.

Legal basis: Regulations on Work-related Injury Insurance

Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances:

1) Being injured in an accident during working hours and in the workplace due to work-related reasons;

2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;

3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;

4) Suffering from occupational diseases;

5) During the period when he was out for work, he was injured due to work reasons or his whereabouts were unknown in an accident in the wilderness;

6) Injured in a traffic accident or an accident involving urban rail transit, passenger ferry, or train for which they are not primarily responsible;

7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.

Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries.

Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurance drugs, and the hospitalization service standards of work-related injury insurance shall be prescribed by the social insurance administrative department in conjunction with the health administrative department, the food and drug supervision and administration department and other departments.

The food subsidy for the hospitalization of the employee for the work-related injury, as well as the transportation, accommodation and accommodation expenses required for the work-related injury employee to seek medical treatment outside the co-ordination area shall be paid from the work-related injury insurance, and the specific standard of payment shall be stipulated by the people of the co-ordination area.

Injured employees are not entitled to medical treatment for work-related injuries and shall be dealt with in accordance with the basic medical insurance measures.

If the work-related injury employee goes to the medical institution that has signed the service agreement to carry out the work-related injury**, if it meets the requirements, it shall be paid from the work-related injury insurance**.